What compensation is payable for—Crown land
85A What compensation is payable for—Crown land
This section applies if the Minister is of the opinion that the approval of a work plan, or the carrying out of any work under a licence, in relation to any Crown land has, or will, result in loss or damage of the following nature being sustained as a direct, natural and reasonable consequence of the approval of the plan, or the carrying out of the work—
deprivation of possession of the whole, or any part of the surface, of the land; or
damage to the surface of the land to such an extent that it cannot be rehabilitated and returned to its former, or a comparable, state; or
damage to any improvements on the land; or
severance of the land from any other Crown land; or
loss of opportunity to make any planned improvement on the land.
The Minister may require the licensee to pay compensation for the loss or damage—
to the Crown; or
to any person who is authorised to undertake activities on the land under a lease, licence, permit or other authority granted under an Act.
In determining whether compensation should be paid under subsection (2)(a), the Minister must take into account any benefits that may accrue to the people of Victoria from the work carried out under the licence (for example, the provision of infrastructure).
In determining the amount of compensation to be paid, the Minister may, if it is necessary for the Crown to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining that land.
If the Minister determines that compensation should be paid to a person referred to in subsection (2)(b), the Minister may increase the amount payable by up to 10% by way of solatium to compensate the person for intangible and non-pecuniary disadvantages for which compensation is not otherwise payable and that result from the approval or the carrying out of the work.
Compensation is not payable in respect of any land which only became Crown land after work under the licence started on that land.
Sections 85(4) and (5) also apply to this section.
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